Our terms and conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content.
1.2 Why you should read them. Please read these terms carefully before you register as a counsellor with us or you contact any counsellor listed on this site. These terms tell you who we are, how we will provide our services to you, our charges (if any), how you and we may change or end the contract, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are using our services wholly or mainly for your personal use and not for use in connection with your trade, business, craft, or profession.
1.4 Are you a counsellor? If you are a counsellor, you will have certain rights and obligations under these terms.
1.5 If you are a counsellor, this is our entire agreement with you. If you are a counsellor these terms constitute the entire agreement between us in relation to your use of our services. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
1.6 If you are a business customer, this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your use of our services. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
1.7 Changes to these terms. We keep these terms under regular review. This version was last updated on 18th January 2021. We reserve the right to change these terms at any time by posting the new version to this website so please check these terms from time to time. Any changes are effective 15 days after we post the new version and you shall be bound by the revised version if you continue to use our services, if you do not accept the new terms then do not use this website or our services.
2. Information about us and how to contact us
2.1 Who we are. We are Click Counsellor Ltd, a company registered in England and Wales. Our company registration number is 12679781 and our registered office is at Unit 24 Wilford Business Park, Ruddington Lane, Nottingham, United Kingdom, NG11 7EP.
2.2 How to contact us. You can contact us by e-mailing our customer service team at email@example.com.
2.3 How we may contact you. If we must contact you, we will do so by telephone or by e-mail.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Your account; Our contract with you
Business customers and consumers
3.1 User account. You will not be required to set up an account with us to use our services.
3.2 Children. Our services are not intended for children.
3.3 Reviews. If the functionality of our website allows, you may post reviews so long as you do not post anything that is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
3.4 Our services. There are no fees payable by you for the use of our services. You may stop using our services at any time without penalty and without giving us notice.
3.5 User account. You will be required to set up an account with us (user account) if you wish to use our services. To obtain a user account, you are required to complete a registration process which will include filling in an online application form. You hereby represent to us that all information submitted to us during the registration is accurate and true and you undertake to keep your registration information up to date.
3.6 Responsibility for your user account. You are responsible for maintaining the confidentiality of your user account and password and for restricting access to your system and user account. This includes keeping your user account details secret such as your user account ID and password and not allowing other users to use your user account. You agree to notify us immediately if you have any reason to believe the security of your user account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these terms.
3.7 Services fees. You will be required to pay for a 1 year subscription via our external payment provider (Stripe) at the price listed when you open your user account. Our services fees are not refundable under any circumstances. Your subscription will be set to automatically renew for an additional 1 year term unless you cancel your subscription with at least 30 days’ notice from your user account.
3.8 Your profile page. As part of creating your user account, you will be required to create a profile page which will be verified by us before it is posted online. We will contact you with any changes that are required before it can be posted online. Once your profile is posted online you will be able to edit it and such edits will be posted immediately. You agree that your profile will not contain anything that is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
3.9 Closure or suspension of your user account. You acknowledge and agree that we shall be entitled to terminate or suspend your user account at our sole discretion without any notice to you in the event of your breach of these terms or without any reason. You understand that termination of your user account may lead to blocking, deletion, and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your user account, as well as access to some or all of our services. No refund of any subscription fees will be paid.
3.10 We currently only offer our services to the UK and Europe. Our website is solely for the promotion of services in the UK and Europe.
4. Intellectual Property; Licence Restrictions
4.1 We are the owner or the licensee of all intellectual property rights in our website, in the material published on it, all of our publications and visual representations and designs whether published online or on our products (Our IP). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. If you print off, copy or download any part of Our IP, your right to use our site and products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.2 Prohibited actions. You agree that you will:
(a) not use any part of Our IP for commercial purposes without obtaining a written licence to do so from us;
(b) not attempt to replicate our products nor present yourself as having the right to do so and/or distribute our products to any third parties;
(c) not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, our website in any form, in whole or in part, to any person without prior written consent from us;
(d) not copy our website except as part of the normal use of our website or where it is necessary for the purpose of back-up or operational security;
(e) not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of our website nor permit our website or any part of it to be combined with, or become incorporated in, any other programs, applications or digital content;
(f) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of our website;
(g) not attempt to, or assist, authorise, or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of our website;
(h) not access or use the source code of our website; and
(i) comply with all applicable technology control, export control and trade sanctions laws and regulations relating to our website.
4.3 Acceptable use restrictions. You must not (or permit or assist others to):
(a) use our website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(b) use our website in a way that could damage, disable, overburden, impair or compromise our website or our systems or security or interfere with other users of our website;
(c) collect or harvest any information or data from our website or attempt to decipher any transmissions to or from the servers running our website;
(d) infringe Our IP or any intellectual property rights of any third party in relation to your use of our website, including by the submission of any content or material (to the extent that such use is not licensed by these terms); or
(e) breach any of our content rules or treat, interact with, or communicate with any user of our website or our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory.
4.4 We do not guarantee the availability of our website. We will use reasonable skill and care to provide our website to you and to keep it safe, secure and error-free but we do not promise that your use of our website will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our website to you, but we do not guarantee 100% availability. For example, our website may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures.
5. Our responsibility for loss or damage suffered by you
5.1 If you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
5.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
5.3 We are not liable for business losses. If you are a business customer or a counsellor, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in the use of our services.
5.4 Services provided by counsellors. Counsellors are solely responsible for the representations they make to you and the services they provide to you and you contract with them separately. We accept no liability for any interaction with any counsellor or for any services provided by them.
5.5 If you are a business customer or a counsellor. You are solely responsible for the representations you make to your customers and the services you provide to them within your own business and you contract with them separately. We accept no liability for your obligations towards your customers.
5.6 Limit of liability. If you are a counsellor, our liability to you is limited to the current 1 year subscription fee you have paid us.
6. Personal information
6.1 How we may use your personal information. We will only use your personal information as set out in our https://www.clickcounsellor.co.uk/privacy-policy.
7.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
7.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
7.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
7.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
7.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of our services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of our services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of our services in either the Northern Irish or the English courts.
7.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.